Terms and Conditions

Terms of use
By using this Site you accept these terms of use as from the date you first access this Site. Podium Partners may modify these terms of use at any time by updating the text of this page, so please check back regularly.

In these terms of use, the following words have the following meanings:

“Content” means all content on this Site, including all information, graphics, trademarks, logos, designs, text, photos, films, sounds, software and applications;

“Contribution(s)” means anything that a user posts on this Site or sends to Podium Partners, including any photographs, video or audio clips, comments or posts or competition entries;

“Site” means any website which Podium Partners owns or controls, and from which a link has been created to these terms of use;

“these terms of use” means the terms of use set out below, as well as our Privacy Policy and any other terms and conditions on this Site; “you”, “your” and “yours” means a person(s) accessing this Site.

This Site and all the Content on it is owned by Podium Partners (or its licensors and content providers). All rights in the Content are reserved to their respective owners, unless expressly stated otherwise.

Any Contribution you send or post to this Site remains your property, but Podium Partners may use your Contribution as described under “Your Contributions” below. You may not use any Content on this Site unless it is expressly stated that you may do so. Where we state that it is permitted to do so, you may download and use Content, but only for the purposes of raising awareness about Podium Partners.

You may not: use any Content on this Site for personal gain, for any commercial purpose, to advertise or sell any products or services, or to promote a business; copy, transmit, store or distribute any part of this Site unless we have expressly indicated that you may do so. You may not alter, modify, adapt, reverse engineer, disassemble or create derivative works of any software which is accessible through this Site; or collect or use any personal details from this Site.

Your Contributions
If you send or post any Contributions to this Site or to Podium Partners, you confirm that you are granting Podium Partners a perpetual (and irrevocable), royalty-free, worldwide, non-exclusive license to use the material in your Contribution for any purpose in any media in any part of the world. This includes the right for Podium Partners to copy, edit, publish, grant sub-licenses, and exercise all other copyright and publicity rights over the material. You also waive all ‘moral rights’ in the materials (‘moral rights’ are described in the Copyright, Designs and Patents Act 1988). If you do not wish to grant us these rights, please do not send or post your Contribution to this Site or to Podium Partners.

You must not post or send any Contributions to this Site or to Podium Partners that you do not have permission to publish or share in this way, for example, clips of music videos or TV shows. By sending or posting a Contribution to this Site or Podium Partners you warrant that your Contribution does not infringe any person’s intellectual property rights, which include any copyright, moral rights or trademark rights; you have all the necessary rights to post or submit the Contribution and to grant us the rights described in these terms of use; and you have necessary permission from everyone in a picture or video. For children and young people, the permission must be from their parent or legal guardian.

You should always give careful consideration before making public any personal information about yourself or anyone else (for example a telephone number, home address or email address), especially anything that could identify a child or young person.

Podium Partners does not endorse any Contribution or any opinion, statement, or advice expressed by users of this Site wherever it may appear. To the fullest extent permitted by law, Podium Partners expressly disclaims all liability in connection with any Contributions made by users of this Site wherever it may appear.

Unlawful Use
You may only use this Site for lawful purposes and you agree to comply with all applicable laws, regulations, and codes of conduct and to be solely responsible for all things arising from your use of this Site. You may not submit, publish, post, distribute or transmit any defamatory, offensive, infringing, obscene, indecent or unlawful or objectionable Contributions. You may not interfere with anyone’s use or enjoyment of this Site, for example by threatening, bullying or sending junk mail.

If Podium Partners in its sole discretion considers that any Contribution, conduct or use of this Site breaches these terms of use or is unlawful or inappropriate in any way, we reserve the right to do any or all of the following actions (without prior notice): (a) warn you via email and require you to discontinue such conduct or use; (b) delete any Contribution you have posted to this Site or which features in any personal area; (c) discontinue your registration with this Site or any service being provided; and/or (d) take other measures, including terminating, suspending or restricting use of this Site, and/or passing details to relevant third parties, including email providers, the police or other authorities. Any action that we take is without prejudice to any of our accrued rights.

Registration and Passwords
If you register with us and are asked to provide a password, you agree:

• to keep your password secure and confidential and not allow anyone else to use your email address or password to access this Site;

• to notify Podium Partners immediately if you become aware of any improper or unauthorised use of this Site or your details or your password:

• not to do anything which would assist anyone who is not a registered user to gain access to any password-protected area of this Site; and

• not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another user.

Limitation Of Liability

Podium Partners (and its group companies, officers, trustees, employees and agents) shall not be liable or responsible for any claim, loss, damage, costs and expenses of any nature (including without limitation for any direct, indirect, incidental, special, punitive, or consequential damages whether resulting from breach of contract, negligence or any other cause of action) arising in connection with this Site or your use of it (including, without limitation, for any Contributions to this Site by users, for any viruses, bugs, trojan horses or other contamination resulting from use of this Site, for any interruption or delays to the use of this Site, or for any errors, omissions or inaccuracies in any Content on this Site). Nothing in these terms of use shall exclude or limit any liability for death or personal injury arising from negligence, or for any other liability which cannot be excluded or limited by law.

You agree that you are solely responsible for your use of this site and that to the fullest extent permitted at law, Podium Partners, its officers, trustees, employees, and agents do not make any representations and do not give any warranties, express or implied, concerning this Site and the Content. In particular, Podium Partners does not warrant or represent that this Site or the Content is virus free.

All software provided by third parties (for example Acrobat Reader and RealPlayer) is the sole responsibility of that third party.

Creating a fundraising campaign
We provide a platform through which users can raise finance for their Campaigns (and become Campaign Owners) and supporters can make donations.

In order to become a Campaign Owner, users must first complete the online application form available on the Site. We reserve the right to verify your identity and other information you provide to us via the application form submitted and to reject, cancel, interrupt, remove, or suspend your campaign at any time and for any reason. In particular, campaigns or donations that are flagged to us as fraudulent by supporters or our third party payment providers will be subject to review. If we find fraudulent donations have been made to your campaign, we will cancel those donations. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this paragraph

Once your application has been verified we will register you as a Campaign Owner and provide you with a unique access code to our Site, where you may post Contributions to your publically accessible webpage using the functionality we provide (“Campaign Profile Page”). Each Campaign will have a Campaign Goal (why you are raising funds), a Fundraising Target (the amount you are raising) and a Fundraising Period (the time over which you are raising the Fundraising Target). Once you have submitted your Campaign details for posting, you cannot change its Campaign Goal, the Funding Target or the Fundraising Period. The minimum Fundraising Period is 2 weeks and the maximum is 8 weeks unless specifically agreed by us otherwise in writing. Although we recommend you have no more than one active campaign at any one time, we permit you to post as many active campaigns as you like

You may withdraw a Campaign at any point before the end of the Fundraising Period. Once you have done so, you will not be entitled to any donations when you withdraw. You also will not be able to resume that Campaign at a later date whilst retaining any of the donations you had received at the time of withdrawal. If your Campaign closes unsuccessfully you may choose to recreate your campaign and repost it for submission.

Your Campaign will close either at the end of the Fundraising Period or you have reached your Fundraising Target whichever comes soonest. We will deduct a fee of 3% from the total donations received to your Campaign before they are distributed to you. We will collect Gift Aid where applicable on donations to your Campaign and remit these to you, less any fees levied by our payment processor, as soon as they are received from HMRC.

Campaign Owners’ Obligations
As a Campaign Owner, you shall: (a) apply any funds you receive from Supporters solely and directly for the purposes of achieving the campaign goals and use them for no other purposes; (b) meet all commitments you make in your campaign; (d) promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Supporter; (e) not use any personal information we share with you in connection with a Supporter for any reason other than contacting them in relation to the campaign for which they have made a donation; (f) promptly contact and work with supporters to reach a mutually satisfactory resolution, which may include refunding their donations if you are unable to fulfil any of your commitments; (g) comply with all applicable laws and regulations in relation to your campaign and your use of donations; and (i) not take (or refrain from taking) any action or make any business or other decision in reliance on having your campaign posted on our site or on having any funds from donations until you have the received clear funds into your bank account.

If you wish to donate to Podium Partners or anyone raising money via the Campaign Profile Pages on our Site, please note that your donation is non-refundable. We will use your donation at our discretion, but within our stated objectives and we will endeavour to apply your funds to your specified purpose or specific fundraising campaign. However, this is not guaranteed and we are entitled to allocate the funds raised wherever the need is greatest in furtherance of its charitable objectives.

All donations are to be made by payment method specified on the payment pages of our Site. A processing fee of 3% to cover costs incurred by CAF Bank (our third party payment processor) is levied on all donations plus any applicable Gift Aid.

You agree to indemnify Podium Partners (and its group companies, officers, trustees, employees and agents) from all claims, loss, damages, costs and expenses arising in connection with your use of this Site, or your breach of any of these terms of use, or any Contribution made by you (or through your account) on this Site. This obligation shall survive the end of these terms of use and your use of this Site.

Third Party Websites
This Site may contain links to websites operated by parties other than Podium Partners. Such links are provided for your convenience only and you access these links at your own risk. Podium Partners is not responsible for the content of any third party websites linked to or from this Site.

General Provisions
If any provision of these terms of use is deemed to be invalid by a court of competent jurisdiction, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Any failure or delay by Podium Partners in asserting any of its rights or of any provision of these terms of use shall not constitute a waiver of such right or provision. Podium Partners reserves the right at its sole discretion to discontinue or amend any aspect of this Site at any time.

Governing Law and Jurisdiction
These terms of use shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English courts. Podium Partners is a charity registered in England and Wales and its fundraising activities are directed at the England and Wales only.

Published: 25th March 2014 Updated: 25th April 2017 Author: Anthony McHugh

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